Conservatorships

FREQUENTLY ASKED QUESTIONS

A conservatorship is a court proceeding to
appoint a manager for the financial affairs and/or the personal
care of one who is either physically or mentally
unable to handle either or both. The person who cannot care for him or herself
is called the conservatee. A person or organization the judge chooses to manage
the conservatee's affairs is the conservator. A conservator can be a family member, friend or
professional person.

A conservatorship ends when the conservatee dies, the
conservatorship estate runs out of money, or the conservatee regains the ability
to handle his or her own personal/financial affairs.

There are two types of conservatorships:

A Limited Probate Conservatorship

applies when the person is developmentally disabled. In this type of conservatorship,
the powers of the conservator are limited so that the
disabled person may live as independently as possible.

A General Probate Conservatorship

is for all other adults who are unable to provide for their personal
needs due to physical injury, advanced age,
dementia, or other conditions rendering them incapable of caring for themselves
or making them subject to undue influence.

On occasion, a temporary conservatorship may be appropriate
if there is an emergency that
requires an immediate appointment. A Petition for Temporary Conservatorship can
be filed at the same time as the Petition for Limited or General Conservatorship
or at some time later, when a need arises. A Petition for Appointment of a
Temporary Conservator should have all information supporting the need for
emergency orders, including copies of all relevant medical, police, or Adult
Protective Services reports.

Once the Petition for Conservatorship has been filed, the clerk
will set the matter for hearing. The hearing will generally be set
45 days from the date of filing.

A Court Investigator is assigned to interview all persons who
are the subject of a petition for conservatorship before the
first hearing is held. The purpose of the interview is to
determine if the person understands the proceedings or has any
objections to it. After an appointment has been made, a Court
Investigator will periodically interview both the conservator and
the conservatee and report to the court about the well-being of
the conservatee and whether the conservatee's estate is being
properly cared for. The investigator is also assigned to examine
cases that are conservatorships of the estate only. The investigator
reviews the accountings submitted annually by the conservator.

Estates

FREQUENTLY ASKED QUESTIONS

In some cases, the Probate Court may oversee the division of
property of someone who has passed away. This property is
called a decedent's estate. The court supervises the assets
and liabilities of people who die while they are residents
of California or who leave property inside the state.
This includes payment of the person's debts and the
distribution of property to beneficiaries.

Guardianships

FREQUENTLY ASKED QUESTIONS

A guardianship is a court process in which someone other than
a parent is given custody of a child or when a parent or other
person is given authority over a child's property. The child,
called the minor or ward, must be under the age of 18. A legal
guardian is an adult the court chooses to be responsible for
and care for a child, manage the child's property, or both.

A guardianship of the estate allows the guardian to make financial
decisions for a child, and is often filed when a minor is to
receive a large monetary gift or inheritance. Both parents and
non-parents can become guardians of the estate for children.
In guardianships of the estate, the court may require the funds
to be placed into a blocked account; withdrawals are allowed only
with prior court approval.

The law requires that the Probate Court conduct an investigation
of anyone seeking to become a guardian. There is a fee for this
investigation.

As an alternative to a guardianship, caregiver's authorization
affidavit may be completed. This form allows a relative to enroll a
child in school and get medical treatment. Non-relatives may also use
this form to enroll a child in school and to receive school related
medical treatment.

If an emergency exists, that is a situation such that irreparable harm
will result if immediate action is not taken by the Court, a temporary
guardianship may be appropriate. A temporary guardianship enables a
person to have legal guardianship of a child prior to the general guardianship
hearing. It cannot be filed separately from a guardianship. A Petition for Temporary
Guardianship can be filed at the same time as the Petition for General Guardianship
or at some time later, when a need arises. A Petition for Appointment of a Temporary
Guardian should include detailed information about the present danger to the child,
and should include copies of any existing police reports, CPS recommendations, etc.

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Once the Petition for Appointment of Guardian has been filed,
the clerk will set the matter for hearing. The hearing will generally be set
45 days from the date of filing. During the period of time from the filing to the
hearing, an investigator will complete a background investigation of each
proposed guardian, any adult living in the home where the minor will reside and
for any person listed as a potential caregiver for the child.